نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، گروه فقه و اصول جامعة المصطفی العالمیة، قم، ایران.
2 دانش‌آموختۀ سطح چهار حوزه علمیه قم، قم، ایران.
3 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Contemporary jurists have presented different viewpoints about the permissibility and impermissibility of organ donation according to the verses and narratives and the examination of jurisprudential texts. According to the findings of this study, the organ includes any part of the body such as cells, tissues, and bones along with meat. In addition, the primary ruling on organ donation is based on the principle of Ibahah (permissibility) because there is no reason for it to be haram (prohibited) and the title of loss is not true for any type of organ donation. In this research, by referring to the verses, narratives, rulings of reason and the taste of the Shari'ah, which is based on the verbal appearance of all the arguments, and its validity is a customary and documented matter according to the way of reason, the sufficient obligation of organ donation has been proven. By looking at a set of narratives such as narratives regarding helping the believers, oppressing and humiliating a believer as a haram act, avoiding harm from the believer, taqiya ( a precautionary dissimulation or denial of religious belief and practice), narratives of false swearing to save life, property and the believer, narratives of opening a corpse's stomach to remove the fetus, narratives about the prohibition of not answering the believer, as well as looking at the issue from the perspective of government jurisprudence and government ruling, it is confirmed that the sufficient obligation of organ donation to save the life of a Muslim and to meet the needs of a person who is living a difficult life is part of the religious will of Share’e (lawmaker).
کلیدواژه‌ها [English]
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